Canadian Citizen B1 to H4

[Desi4u]

Hi,

I married a Canadian girl who came to US on a B1 visitors visa. I am on H1-B. We got married in the court and she has been living with me since then.

Do you advise that we go to the nearest border and convert her to H4? I have a Canadian Visa and can enter Canada and come back into US.

What documents should we carry?

anyone here ever had such a situation? I know that being a Canadian she doesnt need a visa, but how easy is it for her to convert to H4?

thanks,

Desi4u

[catx]

Desi4u, as a fellow Canadian (living with my family in the U.S. for the past several years under H-1B / H-4 / F-1 visas), I will try to help (a bit anyways).

Note: First and foremost, this is not legal advice, and should not be considered as such -- you almost certainly need to work with a qualified U.S. immigration lawyer. (What about the one the that handled your H-1B vias for your sponsoring employer?)

Strictly based on my experience and understanding, you cannot "convert" a B-1 visa to an H-4 visa at a port-of-entry (border crossing). I suspect the process will be formally filing a (new) H-4 visa application (through an immigration lawyer). This may take several months. Last time we did our H visas, it took ~6 months for processing and approval. Once your wife gets her approved H-4 visa then both of you can go to a port-of-entry (go back into Canada and return to the U.S.) and get her passport stamped with her H-4 visa. The immigration lawyer will specify the documents needed for her H-4 visa application and what you need to have with you for visa stamping (passports, birth certificates, approved / issued visa documents, employment verification letter, marriage certificate …).

I hope it goes as smoothly as possible, given that it is an immigration process.